When a drunk driving auto accident occurs, you might assume that the drunk driver is the liable party. This is usually true, but it is also possible for a bar, or dram shop (which includes other entities, as well), to be held accountable and liable for your damages. Liability could be found with a bar that continued to serve someone alcohol after the customer was visibly intoxicated and then allowed them to leave in their own vehicle, and it could even be the host of a private party, depending on the situation. The reason that there are dram shop laws is because we want to encourage those who serve alcohol to be diligent and aware when it comes to preventing drunk driving auto accidents in Indiana.

Because of this potential liability and the potential damage and deaths that drunk driving can cause, you need to always do everything you can to prevent anyone from driving drunk, especially if you are the one who was serving them alcohol. Serving alcoholic beverages, even in your own home, means that you are taking on some responsibility for making sure that nobody who gets drunk operates a vehicle.

Dram Shop Laws Affect Those Who Serve Alcohol in Indiana

The Dram Shop Act refers to anyone who sells or provides any alcohol, even those who are hosting parties from their own homes. Not all states have laws that address this liability, but Indiana is one that does.

If you serve alcohol to others, you have a responsibility to stop serving them when they become obviously intoxicated, and if they do, then you must stop them from driving when they are drunk. If you serve alcohol to another person, allowing them to become intoxicated (over the legal limit) and then allowing them to get into a vehicle and drive away, then you could face liability in any auto accidents that are caused by the drunk driving.

What if the Driver is Just Buzzed and Not Really Drunk?

It is a common mistake for people to assume that someone is not drunk, only buzzed. You may make this mistake when evaluating your own level of intoxication before driving or when evaluating the level of intoxication of someone else, whom you then allow to drive away. In fact, this mistake is much too common and causes many injuries and deaths each year. It is important, therefore, to understand that buzzed driving is drunk driving. If you are buzzed at all, then your BAC (blood alcohol content) is likely higher than the legal limit. You would be better off getting a ride from someone who is sober or just staying where you are.

Indiana was the first state in the United States to set a legal limit for a driver’s BAC, in 1939. It started with a BAC limit of .15%, which has now dropped to .08% as people around the US realized that even .15% was too high for a driver to be safe on the road. However, if you are pulled over, and your BAC is lower than .08%, you can in the discretion of the officer still be arrested for driving while impaired if the officer thinks you are impaired. Even if you are not arrested, your actions could still lead to dangerous auto accidents where you can still be held legally responsible for the damages, injuries, and deaths that you may cause.

Legal BAC Limits for Indiana Drivers

In Indiana, we have laws against OWI or operating a vehicle while intoxicated and there are specific limits set for your BAC when driving based on your age and occupation. We have already pointed out that the limit has changed over the years from .15% to .08%, and .08% is generally the standard throughout the US. However, if you are under the age of 21 or if you are a commercial vehicle driver, then the limits are lower.

For someone under the age of 21, the legal BAC limit is just .02%. A single drink could lead to serious repercussions for someone under 21 years old. If you are a commercial vehicle driver, and you are presently driving for commercial purposes, then the legal BAC limit is only .04%. It is also important to be aware that you may be acting perfectly sober, and even driving safely, but if you are caught with a BAC that exceeds the limit, you are still going to face consequences.

What Happens When Drunk Drivers Cause Indiana Auto Accidents?

When you or someone you love has been injured or killed because of an auto accident that was caused by a drunk driver, you do have legal rights to recover compensation for your damages. It helps to know that the drunk driver will face legal consequences, but to get financial compensation for your losses, expenses, and various damages, you will need to file a claim. You might file a claim against the drunk driver and/or the dram shop that allowed that individual to become intoxicated and then to leave the location in a vehicle. It all depends on the details of your case, whether or not the at-fault driver has insurance, and whether or not their auto insurance policy is sufficient to cover the extent of your damages.

Consult with an Indiana Lawyer About Auto Accidents Caused by Drunk Drivers

To learn more about your rights and options after a drunk driving auto accident, call the Indiana auto accident attorneys at Rowe & Hamilton. We will provide a free consultation, evaluate your case, and offer our advice in how to proceed. If you require legal representation, as most victims of Indiana drunk driving auto accidents do, we will be happy to assist you in filing your claim, evaluating and investigating the damages and circumstances of the incident, and recovering a fair sum of compensation for your losses.

Taking a leisurely drive down a scenic street lined with fall-colored trees or freshly fallen snow can be relaxing, helping to relieve daily stress or problems. Yet, there are potential pitfalls caused by weather changes, roadway hazards, traffic jams, and other distracted drivers. In fact, distracted driving is one of the most common causes for auto accidents across the United States.

The Dangers of Distracted Driving

In 2012, according to The US Department of Transportation, a distracted driver texting was 23 times more likely to be involved in a car accident. Texting and driving is the cause of more than 3,300 deaths and over 421,000 injuries.

Beyond cell phone use, distracted driving is anything that takes your eyes off the road or hands off the steering wheel. During the holidays, increased traffic or busy schedules pose even greater threats.

We all know how busy the holidays are: picking up last-minute gifts, traveling across the country to visit family and friends, running late, sending text messages, and talking on the phone while running errands. All of these distracting activities can lead to auto accidents in Indianapolis, IN.

Distracted driving is more prevalent during the holidays because of increased travel and busy schedules. Holiday activities increase stress levels and fatigue, particularly in drivers. Reading maps, personal grooming, adjusting the radio or GPS program, eating or drinking, smoking, watching a video, talking to passengers in your car, or using a cell phone distracts from the task of driving.

What Are the Texting and Driving Laws in Indianapolis, Indiana?

Distracted driving during the holidays can increase your chances of being in an accident. Contact Rowe & Hamilton to discuss your case.

During the day, approximately 660,000 drivers use cell phones while driving. Teens are the largest age group reported as distracted at the time of an accident or fatal crash. The National Highway Traffic Safety reports handheld cell phone use is highest among 16 to 24-year-old drivers.

The Indiana state law concerning texting and driving took effect in 2011. While not as tough as some other states, the law does stipulate higher fines and imposes restrictions on the use of other electronic devices while driving, in addition to cell phones.

Indiana does not have a hand-held ban for all drivers, just a ban for all drivers from texting messages. This means, if you are 18 or older, you can use a hands-free cell phone while driving.

The Indiana law prohibits drivers under 18 from talking on their cell phones, composing and sending text messages while driving, or being on a hands-free device. They cannot legally use any electronic device when behind the wheel.

Who is Considered Liable for a Distracted Driving Car Accident in Indiana?

Indianapolis, Indiana uses the “Modified Comparative Negligence” rule. If you are 51% or more at fault for a distracted driver auto accident, you cannot recover compensation for your damages.

However, if you are less than 51% at fault, you can get compensation for damages with your percentage of fault deducted from the value of the total damages. Say you have $1000 in damages and you are 30% at fault, this means you can recover 70% of your damages, or $700.

Indianapolis drivers are also required to carry liability insurance on their auto policies because Indiana is an at-fault state. The minimum coverage required is $25,000 for death or injury per person, $50,000 for injury or death per accident, and $10,000 property damage per accident.

If you have been in an accident caused by distracted driver, you must file a claim as soon as possible. An Indiana driver’s statute of limitation on filing a personal injury claim is two years from the date of the accident, injury, or death of an accident victim.

What Can I Do to Help Prevent Distracted Driving in Indiana?

Pull over and park in a safe location if a call or text is absolutely necessary

Change your voicemail greeting to inform callers you are on the road and will return their call when you can do so safely.

Install an app that blocks text messages, phone calls, and other alerts when driving,

Prepare for driving. Review maps, adjust your radio, eat, and make any phone called needed before you drive.

Families can educate members, especially teens, on preventative measures to take prior to driving to prevent distractions, especially during the busy holiday season. Use examples showing your teen how distracted driving is a challenge for you, too. Make it a family problem that needs solving.

You could even enroll your teenager in a defensive driving course to teach them strong safety techniques and good driving habits. By doing so, you may also qualify for an insurance discount.

Consult with a Car Accident Attorney in Indianapolis, Indiana

If you or a loved one becomes a victim of a distracted driving car accident during the holidays, reach out to Rowe & Hamilton for a confidential, free initial consultation.

If you have been involved in a car accident, it is very important that you maintain appropriate communication with your insurance carrier. Below, the Indiana attorneys at Rowe and Hamilton have put together some helpful “do’s” and “don’ts” to remember while going through the car accident insurance claims process. Keeping a list like this inside your glove compartment may be handy when an Indiana car accident occurs.

The Things You Should Do When Dealing with an Indiana Car Accident Claim

DO make sure to call your insurance agent as soon as an accident or injury takes place. Make the insurance call as soon as you get home or while you are waiting to see a doctor, if injured.

DO review and gain a good understanding of your insurance coverage before talking to your insurer or your agent. Look closely over the “coverage” and “exclusions” sections of your insurance policy.

Need to file an Indiana car accident claim? The attorneys at Rowe & Hamilton can help.

DO take detailed notes of all the conversations you have with your insurance company and their representatives. Remember to write down specific names, numbers, and the job title of who you are speaking with about your claim each and every conversation. Keep these notes organized, for you may need them later on.

DO consider that you may have car accident insurance coverage under another insurance policy, as well. Many individuals have more than just one policy that may cover the claim or part of the claim. For example, some homeowner policies, and “umbrella” policies cover a wider range than that of your primary auto policy.

DO take plenty of photos when involved in an Indiana car accident. Take photos of damages to the vehicles, the accident scene, and any visible injuries sustained. It is a good idea to take photos of the license plates, driver’s licenses, and insurance cards, as well.

DO remain honest and forward with your insurance carrier. Even if it seems embarrassing, it is far better if your insurer knows all the facts and details surrounding the accident. Failing to be honest with your insurer could invalidate your policy or result in a denial of your auto claim. Of course, make sure you discuss your situation with a car accident attorney to find out the best way to discuss the claim with your insurer to avoid unexpected issues down the road.

DO gain an understanding of the differences between replacement coverage and depreciated or general cash value. If your insurance policy provides you with replacement coverage, do not settle a personal property loss for an actual cash value. If you have replacement loss coverage, you could be required to replace lost items before you receive your full reimbursement.

DO keep all of your receipts, expenses and bills concerning your claim and treatment for your injuries. You need to begin saving these receipts from the moments immediately following your car accident through the whole insurance claim process. It is recommended that until your final settlement is reached with your insurance company, all of the receipts, medical documents, photos, and insurance notes should be kept safe and organized.

The Things You Should Avoid Doing for an Indiana Car Accident Insurance Claim

DO NOT give any written or recorded statements to your insurer until you are certain that you understand your policy coverage. Keep in mind that you are not required to allow the insurance company to record your phone conversations. If you ever have doubts, consult with an experienced car accident attorney.

DO NOT immediately accept the estimate or appraisal of your damages and losses given to you from the insurance company. Often, insurance companies will try to get you to accept their estimator’s repair or replacement estimates, which can be a bit low.

DO NOT sign any waivers or releases of any kind until you seek legal advice. A dreary financial situation after a major car accident can make it seem necessary to accept an inadequate or premature settlement from your insurer. However, you may not fully be aware of the extent of all damages. For example, if you remember property that is destroyed after you have already signed a release for settlement payment, then you will likely not be reimbursed for that loss. This is why it is important to consult with an experienced Indiana auto accident attorney before signing a waiver or release. Always read the fine print on the payment from an insurance company.

DO NOT accept any check that states “final payment” unless you are ready to settle and do so.Don’t ignore or lose track of the time limits that are set by your policy. Most policies require that a proof of loss has to be signed within a certain amount of time. Make sure that you comply with these time requirements unless you get a written waiver from your insurance carrier. Most policies allow you one year from the date of the car accident to bring a legal action forward if your claim has not been adjusted fairly. If your claim is taking a while to settle, contact an auto accident lawyer to help you in the process.

DO NOT forget you have a binding contract with your insurance carrier. Your insurance carrier has a legal obligation to provide the coverage it promised you. Be insistent and persistent about enforcing that obligation.

Do You Have a Valid Claim for Damages? Contact an Indiana Car Accident Attorney Today

Auto accidents are the leading cause of personal injury claims throughout the United States. Most minor accidents can be resolved through your insurer, however major accidents that involve serious injuries should be handled by a skilled Indiana car accident attorney.

If you or a family member has been injured in an auto accident, let one of our competent attorneys review your claim and advise you through the complex legal process. The attorneys at Rowe and Hamilton have built a solid reputation for dealing with insurance companies. Our legal team will always fight for your rights and work to get you the compensation you deserve.

In today’s world of technology, Indiana drivers are more likely to get into distracted driving auto accidents, yet the use of technology can also allow us to make amazing progress in minimizing the likelihood of auto accidents. Wouldn’t it be nice if you could get an auto accident prediction the same way you get a weather prediction? Well, it turns out that you can do just that.

Introducing the Indiana Daily Crash Prediction Map

We now have a helpful and unique system for predicting auto accidents in Indiana. A new website with the Indiana Daily Crash Prediction Map uses various current information and past data to predict the number of auto accidents that are going to happen in any given area within the state. The information used includes how many auto accidents have occurred on the same day in years past, what the weather is currently like and how that weather has impacted the likelihood of auto accidents in the past, and the present conditions of the roads and the traffic.

It also takes into account any improvements that have been made or are going to be made. For instance, if one particularly dangerous road has been recently improved or improvements are planned in the near future, then this will minimize the number of auto accidents predicted on that particular road as of the time when the improvements are made.

Discover how technology is helping us predict auto accidents in Indiana. Reach out to Rowe & Hamilton today.

When you visit the site, you can view the map, which will show whether the risk of getting into an auto accident in a given area of the state is very low or high at any given time. The state is divided into kilometer square blocks, with each block being rated on the level of risk of an auto accident occurring in that area. It is fairly effective, thanks to years of auto accident data, which show that over two million auto accidents have happened in the state in the past 13 years.

You can even see the information relevant to the various accidents that have occurred, by zooming in on a given area. You can learn how different auto accidents were caused in the past and how severe they were. The predictions on this map are only available within three hour time frames, and you can only see the present day’s predictions. Still, it is a wonder of innovation to allow drivers to access this kind of information and take precautions to avoid becoming one of the statistics in a given area.

If you make use of this system, you might make better informed choices concerning the route that you take to get somewhere and what time you decide to leave your location to get to another. You can easily learn which routes are safest for drivers, and start using them. If a lot of people start using the system, then there could be profound benefits for the state. If the rate of auto accidents drops by even one percent, that reduces auto accident damages by as much as $35 million. The map also makes it possible for the first responders to auto accidents to have better information about where their resources are most needed to save more lives.

Preventing Auto Accidents with Safe Winter Weather Driving

While this auto accident prediction system is a great tool to help minimize auto accidents in Indiana, it is still more important than ever for drivers to have safe winter weather driving habits. Simply taking precautions and knowing how to handle various winter weather conditions could make a tremendous difference in the rate of auto accidents in our state if everyone takes the time to learn, practice, and be safe and aware. Of course, if you can avoid getting out in bad weather, this is your best option, though it isn’t always possible.

If you must get out of the house in bad winter weather, then you would be wise to check the Indiana Daily Crash Prediction Map, choose the safest route, and make sure that you are entirely prepared for anything that the winter weather traffic might throw at you.

For instance, making sure that your vehicle is safe is one of the most important things that you can do. Your vehicle needs to be well maintained, especially in the winter, so that you do not end up in auto accidents caused by bad tires or find yourself stranded in winter weather without gas. You have to make sure that your car is prepared for winter weather driving in Indiana. You can do this by getting regular tune ups, making sure that you have gas in your car, making sure you have good winter tires and a spare.

Keeping an emergency kit in your vehicle just in case something happens is also a good idea. You can keep water, food, a phone charger, a flashlight, a blanket, a first aid kit, and anything else that might help you in an accident or a situation where you’re stranded.

What To Do After a Winter Weather Auto Accident

All too often, all of the precautions in the world are not enough to prevent a winter weather auto accident in Indiana. There are many things you can do to improve your safety, minimize the likelihood of an accident, and be prepared in case one happens; but ultimately, there are going to be auto accidents, whether you can predict them and try to avoid them or not.

Consult with an Indiana Auto Accident Attorney Today

If you have been injured in an auto accident this winter, and if your accident was caused by someone else’s negligence, then you should be able to recover fair compensation to cover your property damage, medical expenses, lost wages, and other losses. To find out how you can do this, call Rowe & Hamilton Attorneys at Law for a free consultation. We are here to help you get the compensation that you deserve and avoid being taken advantage of by insurance companies. Your consultation is free, so you have nothing to lose. Call today.

Working with an Indiana auto accident attorney is usually the best course of action after an Indiana motor vehicle collision, however it occurred. Yet, there are plenty of people in this state, in this country, and throughout the whole world who would tell you otherwise. Why do some people choose to avoid working with an auto accident attorney, while others benefit immensely from choosing to have skilled legal representation after a car crash?

The answer to this question lies in the myths and misconceptions about attorneys in general, and auto accident attorneys, specifically. Those who are more informed about the legal system and the benefits of having an attorney on their side wouldn’t think of accepting a settlement or going to court without one. Yet, those who are misinformed about the legal processes and misled by the myths about attorneys might avoid them at all cost (literally).

The Most Common Misconceptions About Auto Accident Attorneys

There are so many myths and misconceptions about auto accident attorneys that it’s really no wonder that many people refuse to consider working with them when they need them most. For example, personal injury attorneys in general are often portrayed and perceived as ‘ambulance chasers,’ implying that they will jump at any opportunity to make money off of someone else’s misery and pain. Yet, this is not the reality of the situation.

The reason that you’ll find attorneys where you find misery and pain is because it is those who are experiencing that pain who are in greatest need of legal representation and support. Auto accident attorneys provide a necessary service to those who are living their worst moments, so that they don’t get taken advantage of by a system designed to minimize their suffering.

Far from being cynical opportunists who seek to profit from pain, auto accident lawyers are typically the most compassionate and understanding advocates for victims of devastating collisions, people who might otherwise be on their own in a tough world. Most don’t even charge their clients unless they are able to recover compensation for them.

It is also a common belief that an auto accident attorney will take so much of your insurance settlement that it’s really not worthwhile to hire one. The truth is that you will usually get more from that settlement with an attorney than you would without one. Even after your legal fees are paid, you end up with a far larger settlement for your injuries, damages, pain, and suffering than you would have otherwise recovered.

Why Those Who Are Informed Are More Likely To Hire Car Accident Attorneys

You might also believe that if you are well-informed and savvy enough, that you are less likely to need an auto accident attorney to fight your case. With the information and familiarity with the legal system, you might think that the more educated and experienced victims would be able to handle their claims on their own. The truth here is that those who know what they are doing are more likely to hire an attorney, because they recognize that having a skilled and experienced advocate on their side is the best way to recover the maximum value of their claim.

Those who understand the system (or are aware of how little they do understand) know that it is all too easy to be taken advantage of by the insurance company claims adjuster. They might have dealt with insurance claims in the past or know people who have. They have probably seen people suffering under tremendous debt after accepting a settlement that was far too low, without seeking the advice of an Indiana auto accident attorney.

It can be very difficult to fight your own case when you’re recovering from injuries and going up against a ruthless auto insurance company, especially when they make efforts to sound compassionate and understanding, hoping you’ll accept their low offer without thinking about it too much. In some cases, even lawyers will hire other lawyers to represent them in an auto accident claim, because it is too much to ask suffering victims to be their own advocate.

An Indiana auto accident attorney is one of the best resources available to those who are recovering from auto accident injuries and trying to recover fair compensation. In many cases, you won’t have any idea what a fair settlement really is until you’ve had your case evaluated by an attorney. It can be extremely challenging for anyone to predict the long-term impact of their injuries and losses. What seems like a fair settlement today could be a source of regret three years from now (or even three months from now), when you’re out of money, out of work, and unable to pay your medical expenses or living expenses.

Your lawyer will evaluate all of your damages and all of the evidence to get an idea of the expenses and losses that you are really going to face because of your auto accident. Then, your lawyer will fight to ensure that you don’t get taken advantage of or left out in the cold, without any resources available to you, all because you didn’t realize what your losses were really worth.

Seek a Free Consultation From Rowe & Hamilton Attorneys at Law

One of the best reasons to seek the advice of an auto accident attorney after your motor vehicle collision is that you can get that advice for free. Your initial consultation with the auto accident lawyers at Rowe & Hamilton is always free of charge, and you are under no obligation to hire us if you don’t think that we will improve the outcome of your claim.

It is also important to note that when you seek that free consultation, you can count on the validity of the advice that you receive. Any skilled and experienced auto accident attorney that works on a contingency fee basis (as most do) knows that they have nothing to gain from a case that can’t be won. The contingency fee arrangement ensures that your attorney doesn’t get paid unless you receive compensation, and can only take a portion of your recovery. If we don’t think your claim is valid, or if we think that the value of that claim is not high enough to warrant the use of legal representation, we’ll tell you so; and we’ll offer advice on your options, all for free.

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